Laid off after receiving workmen's comp settlement check.

This is a discussion on Laid off after receiving workmen's comp settlement check. within the Hiring, Firing, Wrongful Termination forum, part of the LABOR & EMPLOYMENT LAW category; I was laid off work a little over a month after receiving my settlement check for a slip and fall ...

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Old Sep 25th, 2009, 10:21 PM   #1
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Default Laid off after receiving workmen's comp settlement check.

I was laid off work a little over a month after receiving my settlement check for a slip and fall accident at work. They then hired a "part time" person over the summer to do some of my old jobs. Is this worth contacting a lawyer over? As bad as the economy is now , Im thinking it may be hard to prove thats why they laid me off , its just odd that it happened just over a month after getting my check.
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Old Sep 25th, 2009, 10:26 PM   #2
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Default Re: Laid off after receiving workmen's comp settlement check.

Forgot to meantion I went to court/received check in October '08 , laid off in November '08..."Part time" Summer help was hired in summer of '09. I see I have 2 years to do something about this , but assume I should act fast if I have a case..
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Old Sep 26th, 2009, 01:05 PM   #3
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Default Re: Laid off after receiving workmen's comp settlement check.

tell them you will go to the dept of labor and file a complaint

that may make them reconsider

they cannot fire you for injury/illness at work...and you can argue that that is exactly what they have done
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Old Sep 26th, 2009, 02:53 PM   #4
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Default Re: Laid off after receiving workmen's comp settlement check.

What report would I file at the D.O.L.? Im curious if this is easy to prove or if the bad economy will make things hard.
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Old Sep 29th, 2009, 10:46 AM   #5
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Default Re: Laid off after receiving workmen's comp settlement check.

This is a typical scenario. Filing for worker's compensation only targets those employees who actually utilize it because it drives costs up dramatically for the employer(s).

Were you laid off with a promise to return to work, or fired outright? What do you separation papers say?

Too much time has passed in between when you were laid off and when the summer part-time help was hired to prove with any accuracy that it was intentional. If they had immediately hired after you were fired, that would be a different story.

It would be silly to want to still work for this company what with all the bad blood between the two parties. Cut your losses and move on. Look for employment elsewhere.

One thing I've learned from the employment racket is: the employee has all of the responsibility and none of the rights while the employER has all of the rights and none of the responsibility. I was even told this by a staff member at Department of Labor. Suing an employer only makes a person unemployable because once new and potential employers find out about it, they will not want to hire you, and they won't.
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Old Sep 29th, 2009, 12:18 PM   #6
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Unhappy Re: Laid off after receiving workmen's comp settlement check.

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This is a typical scenario. Filing for worker's compensation only targets those employees who actually utilize it because it drives costs up dramatically for the employer(s).

Were you laid off with a promise to return to work, or fired outright? What do you separation papers say?

Too much time has passed in between when you were laid off and when the summer part-time help was hired to prove with any accuracy that it was intentional. If they had immediately hired after you were fired, that would be a different story.

It would be silly to want to still work for this company what with all the bad blood between the two parties. Cut your losses and move on. Look for employment elsewhere.

One thing I've learned from the employment racket is: the employee has all of the responsibility and none of the rights while the employER has all of the rights and none of the responsibility. I was even told this by a staff member at Department of Labor. Suing an employer only makes a person unemployable because once new and potential employers find out about it, they will not want to hire you, and they won't.
Id say I was laid off as Im collecting unemployment now and if they fired me Id assume I wouldnt beable to get unemployment. Ive heard about the "black ball" deal too , thats why I was "scared" to go after them right away when laid off and how the economy is Im thinking itd be hard to prove that they laid me off just for being on workmens comp/collecting a settlement.
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